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Daily Maverick
04-05-2025
- Politics
- Daily Maverick
Dali Mpofu saga highlights need to reform the failing Legal Practice Council
In her book I Will Not Be Silenced, journalist Karyn Maughan sets out in detail how, in her view, the Legal Practice Council (LPC) has done its best to ensure that advocate Dali Mpofu SC does not face accountability. One of the cases that Maughan focused on concerned Mpofu's conduct while appearing for the now impeached Public Protector Busisiwe Mkhwebane. Apart from a deeply personal attack on Professor Thuli Madonsela which, on any conceivable basis could not be explained away as a legitimate attempt to discredit a witness, Mpofu threatened the chair of the inquiry, Qubudile Dyantyi, by saying, 'you'll pay one day'; presumably for the manner in which he chaired the inquiry. Asked by Dyantyi whether he was being threatened, Mpofu answered in the affirmative and went on to say: 'It is not a threat … it's a promise.' This outburst did prompt action from the LPC; in particular, a query as to whether Dyantyi was prepared to lodge a complaint. As Maughan noted, Dyantyi responded by pointing out that the entire exchange was readily available on video footage accessible on YouTube. In short, the exchange did not require a witness as the evidence upon which the LPC could determine whether Mpofu had acted in breach of the LPC's code of conduct was manifestly available. Significantly, the Johannesburg Society of Advocates (JSA) investigated the incident based on the video evidence and representations made by Mpofu. It found that Mpofu had breached the relevant code of conduct, but before sanctions could be imposed, Mpofu resigned from the JSA, rendering the JSA powerless to proceed. Mpofu's long history of alleged misbehaviour surely requires investigation on the principle that all legal practitioners are accountable for their professional conduct. For this reason, when complaints were lodged before the LPC and it was announced that there would be a hearing on 30 April, there was a hope that finally the LPC would apply its mind to these complaints and bring much-needed finality to this long-running issue. The LPC cannot be blamed for the power outage that bedevilled the commencement of proceedings. But then charges were dropped, others were amended, and the entire proceedings were postponed indefinitely. According to reports, two of the charges dropped related to Mpofu's conduct against Madonsela and a remark made at a Judicial Service Commission hearing involving Chief Justice Mandisa Maya. It was claimed that, as both Madonsela and the Chief Justice did not wish to be involved in these proceedings, the charges had to be dropped. However, neither of these distinguished jurists had been complainants and understandably did not wish to be involved in what doubtless Mpofu intended to be a long, drawn-out forensic battle. In short, they were not needed for the charges to be tested — all the relevant facts are captured on video. Here is the first count of the LPC's inexplicable conduct on this issue. There is more. Section 38(4) of the LPC Act provides that the proceedings are open to the public unless the chair, on good cause, shows rules to the contrary upon an application to that effect by an interested party. In this case, there does not appear to have been a ruling. Hence, the question arises as to why the news media were not automatically allowed to attend from the commencement, nor why one of the complainants, the Council for the Advancement of the South African Constitution (Casac), was not consulted about the withdrawal of certain of the complaints against Mpofu. And since the hearing is supposed to be in public and Casac is a complainant, there is surely no basis to postpone a hearing to determine their presence. It appears that without a ruling from the chair on good cause shown and after an application, both Casac and the news media were excluded from the proceedings that did take place. The LPC Act provides that when an advocate is the subject of a complaint, the constituted disciplinary panel must be chaired by an advocate. Surely it behoved the LPC to appoint a senior counsel of long standing to chair this hearing, as Mpofu is a senior counsel of long standing. Yet again, there was a failure to do the obvious. Lamentable failure That the LPC as an institution has been a lamentable failure that is not up to the task of enhancing an independent, accountable legal profession has been obvious and not only because of the Mpofu saga. Last year, for example, the Legal Services Ombud castigated the LPC for failing to act in the public interest and (thus) contributing to injustice. The very institution needs to be transformed. But that is not the only lesson to be drawn here. Mpofu is reported to have defended himself by claiming that the complaints against him were part of a long-running campaign to harass and discredit progressive lawyers. He cited the cases of Bram Fischer and Griffiths and Victoria Mxenge, the latter two murdered by the apartheid regime. In their three cases, these heroic legal figures fought against a racist regime determined to silence them by any brutal means at its disposal. Where is the legitimate comparison? Now Mpofu is entitled and by brief obliged to represent his clients, the MK party, Jacob Zuma and Mkhwebane, as vigorously as is permitted by the Code of Conduct and if he considers this to be progressive lawyering, well, that is his and his supporters' opinion. But where is the connection between this claim of progressive lawyering and insulting a witness over her physical appearance, or threatening the chair of a parliamentary inquiry, or the claim of materially misleading the court as documented in a judgment of judges Selby Baqwa, Lebogang Modiba and Ismail Mahomed in one of the many cases in which Mpofu appeared on behalf of Zuma? Now, if the video evidence is but fake news, doubtless Mpofu would have told us. Absent this, the video evidence and the judgment stand to be explained by him. The outcome of these complaints is to be determined by a body that is enjoined to assert the principle of accountability. That the LPC does not appear up to the task is one issue to be debated. The other is to ask whether the principle of accountability of the legal profession only applies to some practitioners and not others. Are we in the process of following Donald Trump's United States, in which identity rather than legal principle is now our legal basis? DM
The Citizen
30-04-2025
- Business
- The Citizen
Top 10 stories of the day: Budget 3.0 date confirmed
Here's your daily news update for 30 April: An easy-to-read selection of our top stories. News today includes Finance Minister Enoch Godongwana confirming that a new national budget will be presented in parliament on 21 May. Meanwhile, Advocate Dali Mpofu has dismissed the misconduct charges against him as 'nonsensical' following the postponement of his disciplinary inquiry before the Legal Practice Council. Furthermore, Afrikaans TV content sees a decline while state broadcaster SABC struggles to pay for the productions. Weather tomorrow: 1 May 2025 Severe thunderstorms and hail are expected across four provinces on Workers' Day, with warnings for strong winds, dangerous sea conditions along the coast, and icy conditions in the Northern Cape and Western Cape until Friday. Full weather forecast here. Stay up to date with The Citizen – More News, Your Way. Budget 3.0 to be tabled on 21 May — Godongwana confirms Finance Minister Enoch Godongwana has confirmed that a new national budget will be presented in parliament on 21 May. The decision to introduce a revised budget comes in the wake of government's move to abandon the plan by the National Treasury to increase the value-added tax (VAT). Finance Minister Enoch Godongwana. Picture: Gallo Images/Die Burger/Jaco Marais The original proposal aimed to raise VAT by 0.5% starting on 1 May 2025, followed by an additional 0.5% hike in the 2026/2027 financial year. The plan was intended to bolster government revenue, but it faced significant public and political resistance due to concerns over the potential impact on the cost of living and economic inequality. CONTINUE READING: Budget 3.0 to be tabled on 21 May — Godongwana confirms 'They should be embarrassed': Mpofu slams charges as disciplinary hearing postponed Advocate Dali Mpofu has dismissed the misconduct charges against him as 'nonsensical' following the postponement of his disciplinary inquiry before the Legal Practice Council (LPC). The legal practitioner was scheduled to appear on Wednesday before an independent disciplinary committee at the LPC's offices in Pretoria. Advocate Dali Mpofu at the Pietermaritzburg High Court on 20 March 2024. Picture: Gallo Images/Darren Stewart Mpofu faced seven charges of misconduct, including matters involving former public protector Thuli Madonsela and Chief Justice Mandisa Maya. Speaking to the media after the postponement, Mpofu described the inquiry as 'a mighty waste of our time'. CONTINUE READING: 'They should be embarrassed': Mpofu slams charges as disciplinary hearing postponed Afrikaans TV content dwindles amid SABC cash crunch State broadcaster SABC doesn't seem to have a vendetta against the Afrikaans language – but is so broke it cannot pay for the productions. One of the Afrikaans shows, Voetspore, could soon face the axe. One of SABC's Afrikaans shows, Voetspore, could soon face the axe. Picture: Supplied. Earlier this month, Afrikaners saw red when the SABC failed to broadcast the Afrikaans news on the first weekend of the month due to technical issues. CONTINUE READING: Afrikaans TV content dwindles amid SABC cash crunch Ramaphosa launches commission of inquiry into apartheid-era justice delays President Cyril Ramaphosa is establishing a judicial commission of inquiry to investigate attempts to prevent the investigation or prosecution of apartheid-era crimes referred by the Truth and Reconciliation Commission (TRC). The commission will probe allegations of improper influence in delaying or hindering the investigation and prosecution of crimes referred by the TRC to the National Prosecuting Authority (NPA). President Cyril Ramaphosa. Picture: Nigel Sibanda 'Allegations of improper influence in delaying or hindering the investigation and prosecution of apartheid-era crimes have persisted from previous administrations,' the Presidency said in a statement on Wednesday. CONTINUE READING: Ramaphosa launches commission of inquiry into apartheid-era justice delays 2025 budget: Godongwana refuses to resign as Mbalula warns against another 'weekend special' Finance Minister Enoch Godongwana has made it clear he has no plans to step down, despite mounting pressure and calls for his resignation following the 2025 budget impasse. Godongwana announced at a media briefing on Wednesday that a third revised budget will be tabled in Parliament on 21 May. Finance Minister Enoch Godongwana tables 2025 Budget Speech at the Nieuwmeester Dome in Cape Town on 12 March. Picture: X / @ParliamentofRSA This follows a court ruling that reversed the recently proposed value-added tax (VAT) increase. CONTINUE READING: 2025 budget: Godongwana refuses to resign as Mbalula warns against another 'weekend special' Here are five more stories of the day: Yesterday's News recap READ HERE: Top 10 stories of the day: Three missing cops found dead | Easter fatalities down | Wydad confirm Rulani exit
The Citizen
30-04-2025
- Politics
- The Citizen
‘They should be embarrassed': Mpofu slams charges as disciplinary hearing postponed
Mpofu described the LPC's inquiry as "a mighty waste of our time". Advocate Dali Mpofu at the Pietermaritzburg High Court on 20 March 2024. Picture: Gallo Images/Darren Stewart Advocate Dali Mpofu has dismissed the misconduct charges against him as 'nonsensical' following the postponement of his disciplinary inquiry before the Legal Practice Council (LPC). The legal practitioner was scheduled to appear on Wednesday before an independent disciplinary committee at the LPC's offices in Pretoria. Dali Mpofu's charges Mpofu faced seven charges of misconduct, including matters involving former public protector Thuli Madonsela and Chief Justice Mandisa Maya. The charge related to Maya stemmed from comments Mpofu made about her during a Judicial Service Commission (JSC) interview process for the position of chief justice in February 2022. At the time, Mpofu stated that he had spent nights with Maya during their time in law school. ALSO READ: Mpofu's 'day has come' to face disciplinary committee for misconduct The remark was criticised as inappropriate and potentially defamatory due to its perceived sexual innuendo. Additional charges included Mpofu's alleged threats against Qubudile Dyantyi, who chaired the Section 194 impeachment inquiry into former public protector Busisiwe Mkhwebane. The charge involving Madonsela related to Mpofu's cross-examination of the former public protector at the same inquiry, during which he sought to 'discredit' her by questioning her status as an admitted advocate. LPC amends charge sheet Wednesday's inquiry was, however, disrupted by a power outage. The chairperson of the disciplinary process, Daniel Mpanza, announced that the LPC had revised its charge sheet. 'There are only four charges against Advocate Mpofu,' Mpanza confirmed during a media briefing. He explained that Mpofu would still have the opportunity to respond to the remaining charges. Two charges relating to Madonsela and one involving Maya had been withdrawn. READ MORE: Legal Practice Council denies having vendetta against Mpofu Mpanza indicated that the complainants had expressed unwillingness to proceed with the matter. 'The chief justice didn't want to proceed. It affects her and all those things. It's personal,' the chairperson said. He further stated that the hearing has been postponed and a new date will be communicated in due course. 'The LPC will inform us of the date upon which we have to appear again.' Mpofu responds to 'laughable charges' Speaking to the media after the postponement, Mpofu described the inquiry as 'a mighty waste of our time'. 'Whenever they want to waste our time again, we will be here. We will be available,' he told SABC. The lawyer also criticised the charges against him. 'This whole thing is a witch hunt which is politically motivated. 'I mean, some of these charges, as I said, are very laughable, to say the least, and those laughable charges have been dropped to prove that they were indeed laughable. 'Even the remaining ones, I think, are just nonsensical, equally so it's a question of time. The climb down by the LPC in withdrawing these charges was something to be expected,' Mpofu said. READ MORE: Dali Mpofu rejects claims EFF should dissolve and merge with MK He continued: 'They are ridiculous, ludicrous, senseless and laughable. That's why they've been dropped because there's nothing to them. You can't, for example, say a lawyer is charged for discrediting a witness. 'That's what lawyers do. A first-year law student will tell you that that's what you are trained to do.' Mpofu further slammed the LPC for pursuing charges without apparent consultation with Maya and Madonsela. 'How did they do the charges without talking to them?' he asked, suggesting the council 'should be embarrassed' by the turn of events.
IOL News
23-04-2025
- Politics
- IOL News
PABASA warns LPC against weaponising the institution against Mpofu
PABASA's stern warning to Labour Practice Council: Protecting the integrity of the legal profession Image: IOL/Independent Newspapers The Pan-African Bar Association of South Africa (PABASA) issued a stern warning to the Legal Practice Council (LPC), cautioning the regulatory body to resist attempts to weaponise disciplinary proceedings for narrow personal or political agendas. This comes amid the LPC's recent decision to charge advocate Dali Mpofu SC, one of the country's most prominent legal figures, with bringing the legal profession into disrepute. In a detailed letter dated April 17, addressed to LPC Chair Advocate Pule Seleka, PABASA's National Executive Committee (NEC) expressed deep concern over what it described as 'spurious charges' aimed at intimidating Mpofu SC and potentially tarnishing his reputation unjustly. 'We find this conduct disturbing. The NEC of PABASA has discussed the charges against Mpofu SC and also requested him to give us his confidence about them, which he has done," it said. 'We reiterate that the LPC is the appropriate regulatory body empowered to ensure legal practitioners comply with the Code of Conduct. Our concern is that these charges, which appear to be frivolous, are being used to intimidate and discredit a senior advocate exercising his professional duties.' The charges levied against Mpofu include allegations of misconduct ranging from making threatening remarks during a Section 194 inquiry into the former Public Protector Busisiwe Mkhwebane's fitness to hold office to impugning the character of constitutional figures and engaging in unprofessional conduct during high-profile interviews and court proceedings. The charges also accuse Mpofu of breaching various provisions of the Code of Conduct, suggesting that his cross-examinations and public statements have tarnished the legal profession's reputation. 'Charging any person can potentially destroy people's lives and careers. We caution against this hatred towards people, regardless of who they are and their views. We would defend any legal practitioner against frivolous charges designed to intimidate them from doing their jobs or representing their clients.' The association called on the LPC to exercise its discretion carefully, noting that the charges seem to misinterpret and abuse the provisions of the Code of Conduct. It further warned that such actions risk creating a dangerous precedent where the legal profession could be targeted for political or personal motives rather than legitimate disciplinary reasons.
